You’ve probably heard of this scary case on the Supremes’ docket for this year. American Progress puts it like this: “In its upcoming term, the Supreme Court will decide Moore v. Harper, a case involving the extreme ‘independent state legislature’ theory that endangers free and fair elections.”
It would make it easier to do what the Trump gang tried to do after he lost the 2020 Election: nullify the voice of the electorate to install their own guy. Republicans have pretty firm hold on the legislatures of a lot of red states, and they want to put more power into their own hands to overturn an election that doesn’t go their way.
Terrible idea. It is part of that larger strategy we can see unfolding in the American political system to change our democracy into some kind of authoritarian, somewhat fascistic regime.
I was thrilled the other day when I read about how all 50 state Supreme Court chief justices had submitted an amicus brief arguing that the Court should reject this law, which would transfer power from the people to the legislatures. All 50? Is it such a terrible law that even a whole bunch of Republican chief justices would sign on to reject it? Why are they siding against the Republicans in North Carolina (who have fashioned the law that is now threatening our constitutional order)?
Then it occurred to me that the law these chief justices are opposing would not only take power away from the people, but also away from them and their courts. The state supreme courts have been getting the last word, as I understand it, but the legislature’s word would be given that deciding power.
When I had thought that the inclusion of all 50 would send to the Supreme’s a message so strong that they could hardly override it, I was encouraged. When it occurred to me that these justices are actually interested parties — perhaps motivated to protect not the constitutional order but their own powers — some of the air came out of that balloon.
But now I’m thinking: is it possible to get some amicus brief that would have the status of a brief from “all 50...” while not being diminished by expressing any interest aside from upholding our constitutional order?
Could an assemblage of most prestigious legal thinkers get together can file a powerful argument to which people on the left like Professor Lawrence Tribe and on the right like Judge J. Michael can agree, making an authoritative case on why the Supreme Court should reject this anti-democratic law?
Now is the time for all prestigious constitutional authorities to come together in the aid of their country.